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Strike: Labour’s planned protest lawful, says Femi Falana

Senior Advocate of Nigeria, Femi Falana says the planned protest of the Nigeria Labour Congress (NLC) is not in contempt of any court order.

Falana made this known in a letter addressed to the Permanent Secretary /Solicitor, Federal Ministry of Justice.

Recall that the Nigeria Labour Congress and the Trade Union Congress had announced a planned protest over the worsening living conditions of its workers and members.

In the letter, Falana said the ex-parte order of the National Industrial Court was to prevent the union from embarking on industrial action.

He, however argued that there was no order preventing the NLC from peaceful rallies

He said “You were reported to have accused the leaders of the Nigeria Labour Congress of treating the order of the National Industrial Court with contempt.

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“Contrary to your unwarranted allegation, the Nigeria Labour Congress does not intend to disobey the ex parte order of the National Industrial Court.

“And to the effect that “the defendants/respondents are hereby restrained from embarking on the planned Industrial Action/or strike of any nature, pending the hearing and determination of the Motion on Notice dated June 5.”

“It is pertinent to draw your attention to the case of Inspector- General of of Nigerians to protest without police permit in the leading judgment of the Court, Justice Adekeye.

“This includes the right to demonstrate, and the right to protest on matters of public concern are rights which are in the public interest and that which individuals must possess, and which they should exercise without impediment as long as no wrongful act is done.

“Our legislature must guard these rights jealously as they are part of the foundation upon which the government itself rests.

 

“Having advised the NLC and its allies to conduct the rallies peacefully, you may wish to advise the Nigeria Police Force to comply with section 83(4) of the Police Establishment Act 2020.

“Where a person or organisation notifies the police of his or its intention to hold a public meeting, rally or procession on a public highway or such meetings in a place where the public has access to.

“The police officer responsible for the area where the meeting rally or procession will take place shall mobilise personnel to provide security to provide security cover for the meeting, rally or the procession,

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